The bill (which, unlike in the UK, can be referred to as an “Act” before being passed) would give consumers the option of telling marketing companies to remove their e-mail addresses from e-mailing lists – a so-called “opt-out” rule. Companies failing to comply with such a request risk regulatory action by the Federal Trade Commission. In addition, ISPs are given a right to sue the spammers for the sum of $500 for each violation, up to a maximum of $50,000. Consumers can sue the spammers who fail to comply with their requests, but class actions are prohibited.
The US Senate House of Representatives, to which the bill must pass for consideration, rejected a similar bill last year by 427 votes to 1. However, the prospects for the current bill are said to be better because the Senate this year has less legislation to consider. Last year, the spam bill was thought to be rejected partly on grounds of perceived insignificance.
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